BOOTH ET AL. v. TOWN OF NEWBURGH

No. 29,581.

237 Ind. 661 (1958)

147 N.E.2d 538

BOOTH ET AL. v. TOWN OF NEWBURGH.

Supreme Court of Indiana.

Rehearing denied February 28, 1958.


Attorney(s) appearing for the Case

Nat H. Youngblood, of Evansville, for appellants.

Ross E. Myers, Darby & Fitzgerald, and J. Wm. Kleindorfer, of counsel, all of Evansville, for appellee.


BOBBITT, J.

Appellants filed an action in the Warrick Circuit Court under Acts 1907, ch. 279, § 3, p. 617, being § 48-903, Burns' 1950 Replacement, to vacate a portion of Jefferson Street in the Town of Newburgh, Indiana.

The petition alleged, inter alia, that the part of the street sought to be vacated consists of a steep bank running from the low water mark of the Ohio River to Water Street, the first street north of and parallel to the...

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